The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-07-14

in p particular locality the insertion need only
be made in the paper published in one of the
cities named nearest when the change is made
Act 9th, September 1873 IroCided, that the
schedules thus prepared shall not be taken as
evidence, as herein provided, until schedules
shall have been prepared AID published
azores a. i'd for all fine railroad companies now
organized under the laws OF this State, or that
may be organized al NE time OF sad pubLca-
ton. All such schedules purporting to be
printed and published as aforesaid shall be re-
cefved and held in all such SUITS as prjnl0 fdcie
the schedules of said Commissioners. without
further proof lhan the production OF the sched-
uleS desired to be used rs evidence, with GER
tihcate Of the Railroad Commission that the
same is q trn2 copy 81 the schedule prepared by
them for the railroad company corporation
therein named, ana that The same has been
duly published as required by law stating the
name OF the paper in which the same was pub
lished, together with the date and place OF said
SEC VII. That ii shall he the duty of said
Commissioners to Investigate the books and
papers of all the railroad companies doing bust
ness in This state. TO ascertain if the rules and
regulations aforesaid have been compiled with,
AMI TO make personal Visitation of railroad
Offices, stations and other places OF business
for The purpose of examination, and to make
rules and regulations concerning such exam
nations, which rules and regulations shall be
observed and obeyed as other rules and regula,
tionS aforesaid i, said Commissioners shall also
have full power ana authority TO examine all
agents and employees OF said railroad COM
panies and other persons, under oath or other
wise, in order TO procure the necessary infor-
nation to make Just and reasonable rates of
freight and passenger tariffs and TO ascertain
il such rules and regulations are observed or
violated and to make necessary and III oper
IN les and regulations concerning such eXaini-
nation, and which rules and regulations herein |
provided for shall be obcyed and enforced as
all other rules and regulations provided for in
this Act.
SEC VIII That all contracts and agree
ments between railroad companies doing bust
ness in this State to rates OF freight and pas
senger tariffs, shall be submitted to said Com
missioners Tor inspection ana correction that
it may be seen whether or not they vio-
laton of law or of the provisions of the C0nst-
tuition, or OF this Actor of the rules and regu-
lati0nS OF sad commissioners; and all arrange
meuts and agreements whatever rs to the Iii
vision of earnings of any kind by competing
railroad companies doing business i'll this
State, shall Ue submitted TO said Commissions
erS for inspection and approval, i'll so far as
obey affect rules and regulations made by said
Commissioners, to secure to all persons doing
business with said companies lust and reason
able rates of freight and passenger tariffs and
said commissioners may make such rules and
regulations as to such contracts and agree
ments as may be then deemed necessary and |
proper, and any such agreement, not approved |
by such Commissioners, or by virtue of which |
rates shall be charged exceeding the rates |
deemed held and taken to be, violations of
article !. section |, paragraph l. of the Consti-
tuition, and shall be illegal and void
SEC TX. That if any railroad company doing
business i'll this state, by its agents or en-
ployees shall be guilty of violation of the
rules and regulations provided and prescribed
by said Commissioners; and If after due notice |
of such violation given to the principal officer
thereof, ample and full recolnpens6 for the |
wrong or injury done thereby TO any person or
corpoTation as may be directed by said Com
missioners shall not be made Within thirty
days from the time of such notice, such COM |
pany shall incur penalty for each o1Iense of
not less than one thousand dollars nor more
than five thousand dollars, to be fixed by the |
presiding Judge. An action for the recovery |
ofsuch pen9lty shall lie in any county in the |
State Where such violation has occurred, or |
wrong has been perpetrated, and shall be in the |
name OF the State OF Georgia. The Commits |
sioners shall institute such action through the |
Acknowledgement Or SoucltOf-GenefaI, whose |
fees shall be the same as now provided by law. |
SEC. X That if any railroad company doing |
business in this State shall, in violation of any
rule regulation provided by the Commits |
siOnerS aforesaid, inflict any wrong or injury |
on any person, such person shall have right |
of action and recovery for such wrong in
jury in the county where the same was done, |
in any court having jurisdiction thereof, and |
the damages to be recovered shall be the same
as in actions between individuals, except that
in cases of willfuI violation Of law, such rail-
road companies shall be liable to emplary
damages ProGided that all suits under this
Act shall be brought within twelve months
after the commission of the alleged wrong or
SEC XII That in all cases under the proyis-
ions OF this Act the rules of evidence shall be |
the same as IN civil actlons, except as heretn-
before otherwise provided. All fines recovered
under the provisions of this Act shall be paid
into the State Treasury, to be used for Sucn |
purposes as the General Assembly may provide. |
The remedies hereby given the persons injured
shall be regarded as cumulative to the remedies
now given by law against railroad corporations
and this Act shall not be construed as repeating
any statute giving such remedies.
SEC. MI. That the terms RAILROAD corpora
ton, or railroad company" contained in this
Act shall be deemed and taken to mean ali
corporations companies individuals now
owning or operating, or which may hereafter
own or operate any railroad, in whole or in
part, in this state, and the provisions of this
Act shall apply to all persons, firms and COM
panies, and to all associations of persons,
do business as common carriers upon any of
the lines ofrailroad in this State, (street rail
ways excepted the same as to railroad corpora
lions hereinbetore mentioned.
SEC, XIII: That all railroad companies in
this state she'll, ON demand, Issue duplicate {
freight receipts to shippers, in which shall be
stated the class or classes of freight shipped, |
the freight charges over the road giving the re-
ceipt. and so far as practicable shall state the
freight charges over other roads that carry such
freight. When the consignee presents the
railroad receipt TO the agent of the railroad {
that delivers such freight, such agent shall de-
liver the article shipped upon payment of the
rate charged for the class of frelghts mentioned |
i'll the receipt. If any railroad company shall |
violate this provision of the statute, such rail-
road company shall incur a penalty to be fixed
and collected as provided i'll sec ton nine of |
SEC XIV, That it shall be the duty of the
herein provided for to make to
the Governor semi-annual reports or the trans
actions of their Office, and to recommend from j
time to time such legislation as they may deem
advisable under the provisions of this Act.
SEC XIV. That said Railroad Commissioners,
obtaining Information pursuant to this Act,
shall have power TO issue subpoenas for the at q
tendance of Witnesses by such rules as they J
may prescribe. ana said witnesses shall re
eeive for such attendance TWO dollars per day, i
8utt I'VE Genus per mile, Travelled by the nearest
practicable route in going and returning | 7
from the place of meeting of said Commission e
ars. to be ordered paid by the Governor upon \
presentation of subp@nas, sworn to by the :
as to the number of days served and /
miles travelled, before the clerk of said Com G
who is hereby authorized to adj :
minister oaths. In case any person shall Will +
-uIly fail Or refuse to obey such subpoena, it :
shall bethe duty of the Judge of the Superior +
Court, of any county, upon application of said s
COMMISSIONERS, to Issue an attachment for p
such witness, and compel him to attend before i
-he Commissioners ana give his testimony upon
such matters as shall be lawfully requJ ed by !
such Commissioners. ana said court shall have +
power to punish for contempt, as in other s
Eases OF refusal to obey tie process and order of
such court. (
SEC XVI. That every officer, agent or en-
oloyee of any railroad company who shall will
ully neglect or refuse TO make and furnish any
'eport required by the Commissioners, as {
necessary 10 the purposes of this Act, who (
hall wllliully and unlawfully hinder, delay or
'bstruct said Commissioners in the discharge
If the duties hereby imposed upon them, shall
orfeit and pay sum Of not less than one hun
lred, nor more than five Thousand dollars for
each oflehse. to be recovered in an action of
iebt III the name ofthe State.
SEC, XVII. That all laws initiating against
his Act are hereby repealed. O
ADDrOVeU II =,